Summary by the Market Institute of CATO event
The Cato Institute hosted a forum to discuss a recent lawsuit, Sissel v. Department of Health & Human Services that was argued last week before the U.S Court of Appeals for the D.C. Circuit. The Affordable Care Act has been a incredibly unpopular law and while the Obama Administration would have you believe that the “debate is over,” there is still litigation to come. Sissel argues that the Constitution’s Origination Clause requires all tax bills to “originate” in the House of Representatives, while Obamacare came from the Senate. Therefore, the tax penalty levied against citizens that do not obtain healthcare insurance is unconstitutional.
Key points the panel discussed:
- The legislative process to pass Obamacare through the Senate and House was unprecedented
- The Constitution does not allow for the type of tax that the individual penalty is considered
- It would be a shock if people were refunded paid taxes if the individual mandate is found unconstitutional
- There is a likelihood that the whole law (ACA) would have to go if the individual mandate is found unconstitutional, but the situation is certainly murky
Link to forum website:
http://www.cato.org/events/beyond-individual-mandate-obamacare-tax-still-unconstitutional
